Ch. SPS 387 NoteNote: Chapter NR 124 as it existed on February 29, 1992 was repealed and a new Chapter ILHR 87 was created effective March 1, 1992. Chapter ILHR 87 was renumbered Chapter Comm 87 under s. 13.93 (2m) (b) 1., Stats., and corrections made under s. 13.93 (2m) (b) 6. and 7., Stats., Register, February, 1997, No. 494.Chapter Comm 87 as it existed on December 31, 1998 was repealed and a new chapter Comm 87 was created effective February 1, 1999. Chapter Comm 87 was renumbered chapter SPS 387 under s. 13.92 (4) (b) 1., Stats., Register December 2011 No. 672.

SPS 387.01SPS 387.01Purpose. The purpose of this chapter is to establish rules under s. 145.245, Stats., for the implementation and administration of a financial assistance program to reimburse eligible property owners a portion of the cost of replacing or rehabilitating failing private onsite wastewater treatment systems (POWTS).

SPS 387.03 Note
“Determination of failure" means any of the following:

SPS 387.03 Note
1. A determination that a private sewage system is failing, according to the criteria under s. 145.245 (4), Stats., based on an inspection of the private sewage system by an employee of the state or a governmental unit who is certified to inspect private sewage systems by the department.

SPS 387.03 Note
The department shall establish criteria for determining if a private sewage system is a failing private sewage system. A failing private sewage system is one which causes or results in any of the following conditions:

SPS 387.03 Note
(a) The discharge of sewage into surface water or groundwater.

SPS 387.03 Note
(b) The introduction of sewage into zones of saturation which adversely affects the operation of a private sewage system.

SPS 387.03 Note
(c) The discharge of sewage to a drain tile or into zones of bedrock.

SPS 387.03 Note
(d) The discharge of sewage to the surface of the ground.

SPS 387.03 Note
(e) The failure to accept sewage discharges and back up of sewage into the structure served by the private sewage system.

SPS 387.03 Note
“Governmental unit responsible for regulation of private sewage systems" or “governmental unit", unless otherwise qualified, means the county, except that in a county with a population of 500,000 or more these terms mean the city, village or town where the private sewage system is located. “Governmental unit" also includes a federally recognized American Indian tribe or band.

SPS 387.03(5)(5) “Owner", for the purposes of this chapter, means the person that owns the structure that is served by a failing POWTS.

SPS 387.03(6)(6) “Participating governmental unit" means a governmental unit which applies to the department for financial assistance under this chapter, and which meets the conditions as specified in s. 145.245 (9), Stats.